Aquaculture Act Discussion Paper 2020

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A Canadian Aquaculture Act

Discussion Paper
FISHERIES AND OCEANS CANADA
A Canadian Aquaculture Act

Introduction
Aquaculture is the farming of aquatic organisms in fresh or saltwater. It is an established practice in many parts
of the world. In Canada, aquaculture was first used to enhance natural stocks. It is now a large-scale
commercial industry across the country, providing direct and indirect economic benefits to many local and
regional economies, and has the potential to nearly double production by 2028.
Aquaculture has been identified, both internationally and within Canada, as a key agri-food sector that will
be important in supporting the world’s growing demand for animal protein, and contributing to food security
and human health in a low-carbon production manner. Aquaculture in Canada occurs in all provinces and the
Yukon Territory and employs thousands of Canadians, including many in rural, coastal and Indigenous
communities. According to 2018 data from Statistics Canada, the sector generated 3,500 direct jobs and
produced over 190 thousand tonnes of cultured product, which directly contributed over $2 billion (plus
associated economic activity) to Canada’s gross domestic product.
Aquaculture Regulation in Canada
In Canada, aquaculture has been regulated since the 1980s through existing federal-provincial/territorial
legislation and regulations that find application to specific aquaculture activities. Over time, incremental
changes to these multiple laws and policies have created a complicated regulatory system with inconsistent
requirements across the country. Fisheries and Oceans Canada (DFO) is the lead federal regulator and
manages aquaculture under the Fisheries Act—legislation which was designed for wild capture fisheries and
does not reflect the distinct needs of aquaculture. However, regulatory activities in aquaculture span
multiple federal organizations and several different pieces of federal legislation that retain jurisdiction.
There are currently three distinct regulatory approaches to aquaculture across Canada:
1. In British Columbia, DFO issues aquaculture licences under the Fisheries Act’s Pacific Aquaculture
Regulations and is directly responsible for environmental regulation of the sector. The Province is
responsible for land management and issues leases to grant exclusive use of submerged provincial
land for the purpose of culturing aquatic organisms.
2. In Prince Edward Island, DFO issues aquaculture leases (with conditions on the lease agreements) to
help ensure appropriate environmental performance of the sector through cooperative action with
the Province.
3. Elsewhere in Canada, DFO is also responsible for environmental regulation of the sector. Provincial
and territorial authorities license aquaculture production operations (i.e., all activities related to the
growing of finfish and shellfish), and authorize the allocation of space to carry out aquaculture
operations. Many provincial/territorial jurisdictions also regulate for potential environmental
impacts, animal welfare, fish health, and/or pest control product sale and use.
Overlaying these three approaches, the federal government plays a national, cross-cutting, coordination role
in aquaculture governance.

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A Canadian Aquaculture Act

Creation of an Aquaculture Act


The 2016 Standing Senate Committee on Fisheries and Oceans (SCOFO) report, Ocean of Opportunities and
the February 2017 report of the Advisory Council on Economic Growth both highlighted the need for
legislative reform. DFO conducted initial engagement on a proposed Aquaculture Act from the fall of 2017 to
the spring of 2018 to assess preliminary views.
At the December 2018 meeting of Canadian Council of Fisheries and Aquaculture Ministers (CCFAM), federal,
provincial, and territorial ministers confirmed support for a federal Aquaculture Act of “limited scope that
respects federal, provincial and territorial jurisdictions, and provides greater clarity to the sector.” Following
this direction, DFO again held a series of in-person and online consultations through the spring and fall of
2019 (a summary of the 2019 engagements is available here: https://dfo-mpo.gc.ca/aquaculture/act-
loi/submissions-soumissions-eng.html).
The 2019 mandate letter from the Prime Minister to the Minister of Fisheries, Oceans, and the Canadian Coast
Guard asks the Minister to “begin work to introduce Canada’s first-ever Aquaculture Act”. This commitment
builds on the 2018 CCFAM agreement to develop a federal Aquaculture Act of limited scope.

Purpose
This discussion paper is designed to outline key elements and authorities that DFO is proposing as part of the
proposed federal Aquaculture Act. Many of these elements would be replicated from relevant sections of
the Fisheries Act and adapted for an aquaculture context, while some may be purpose-built for the proposed
Act. This paper poses a series of questions on important public policy issues to help further refine the
legislative proposal.
Based on the agreement between federal, provincial, and territorial ministers, as well as feedback provided
during previous rounds of engagement, DFO intends to table federal legislation of limited scope that would:
 foster national consistency, while respecting federal, provincial, and territorial jurisdiction;
 improve clarity and certainty for the industry;
 enhance environmental protection; and
 help sustainably grow the industry for the benefit of Indigenous and rural communities.
This discussion paper provides an overview of the elements of the proposed Aquaculture Act, including
potential enhancements to the existing management regime as well as possible new measures.

All those interested, affected, or involved in aquaculture are encouraged to participate in these
consultations. Written comments in response to this discussion paper or the questions it poses can be
e-mailed to: AquacultureConsultations.XMAR@dfo-mpo.gc.ca

or mailed to: Aquaculture Policy Directorate


200 Kent Street
Ottawa, Ontario
Canada
K1A0E6

The deadline for submission of written comments is January 15, 2021.

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A Canadian Aquaculture Act

Element 1: Application, Purpose, and Definitions


Current framework
The purpose of the Fisheries Act is to help ensure the proper management of fisheries, and the conservation
and protection of fish and fish habitat. The Fisheries Act begins with a purpose statement that outlines the
Act’s scope and objective. Further, the Act states where it applies geographically—namely, everywhere in
Canada, including all waters in its territorial sea.
The Fisheries Act also includes a list of relevant definitions that outline the meaning of important terms in
the legislation. Of note, aquaculture is not defined under the Fisheries Act.
Proposed modifications
The proposed Aquaculture Act would include a preamble section, a new feature found in contemporary
Canadian legislation to help explain the philosophy of an act and what it is trying to achieve. It is proposed
that the preamble for the Aquaculture Act include text reflecting the Government’s commitment to foster:
the sustainable development of the aquaculture industry; healthy aquatic ecosystems; further Indigenous
reconciliation; and an effective and nationally consistent regulatory system.
It is proposed that the Aquaculture Act would define in Canadian federal law—some for the first time—the
many aspects of aquaculture, including definitions of aquatic species and the practice of aquaculture itself. It
is proposed that the Act would also be forward looking by being inclusive of emerging aquatic species for
cultivation, as well as enabling aquaculture in Canadian offshore waters.

• Is the proposed preamble sufficiently broad?


• How should “aquaculture” be defined?
• What definitions and overarching factors are important to include in the Aquaculture Act?

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A Canadian Aquaculture Act

Element 2: Leases, licences, and fees


A key element of the aquaculture regime is the Minister’s ability to issue leases and licences to aquaculture
operations in areas under federal jurisdiction. An aquaculture lease grants exclusive access to a defined area
of submerged land for the purpose of conducting aquaculture, while the licence enables the operation of the
activity. Both leases and licences have conditions attached that help with the proper management of
aquaculture operations, as well as mitigate potential impacts on the environment. Establishing an effective,
flexible, and comprehensive lease and licensing system that applies where the federal government issues
leases and licences is a primary requirement of the Aquaculture Act.

Current framework
The Fisheries Act allows the Minister to issue leases and licences, as well as prescribe associated fees for
fisheries or fishing. In British Columbia, DFO currently issues aquaculture licences, while in Prince Edward
Island, DFO issues leases with conditions on the lease agreements. Elsewhere, the provincial or territorial
government issues both the lease and licence.
The Minister also has the authority to issue management orders to temporarily prohibit an activity or impose
a requirement to address threats to the proper management and control of fisheries and the conservation
and protection of fish. There are other licences the Minister issues that apply to aquaculture, one example
being introduction and transfer licences for the movement of fish to particular areas to mitigate the
potential ecological, genetic, and disease impacts of those movements.

Proposed modifications
Aquaculture is an area of shared jurisdiction and a federal Aquaculture Act would respect the existing
regulatory framework. DFO, provinces and territories would continue to issue leases and licences where they
currently do so.
As under the Fisheries Act, the authorities to issue, suspend or cancel leases and licences would be included
in the proposed Act and detailed in regulations. Unlike under the current framework, DFO would propose
that the regulations under the new Act would specify the Minister’s ability to amend, suspend, cancel,
renew, revoke, or otherwise modify the lease or licence documents. Further, it is proposed that the Act also
include the authority for the Minister to issue emergency management orders to temporarily prohibit an
activity or impose a requirement, and enable the regulations under the Act to issue them.
The Aquaculture Act would also seek to establish a forward-looking licensing regime that captures new types
of aquaculture, including new species, methods and locations. For example, it is proposed the Act consider
including a clear mechanism to enable alternative forms of aquaculture in federal jurisdiction, including
offshore waters, as well as an experimental leasing and licensing system to facilitate the development of
novel or experimental aquaculture methods.

• What are key aspects of the leasing or licensing process that should be defined or clarified in
the Aquaculture Act?
• When should the Minister be allowed to revoke a federal lease or licence or issue a
management order?

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A Canadian Aquaculture Act

Element 3: Indigenous Reconciliation


The Government is committed to reconciliation with Indigenous peoples and the Prime Minister has directed
every Cabinet minister to determine what they can do in their specific portfolio to accelerate reconciliation
with First Nations, Inuit, and Métis.
The role of Indigenous peoples in the aquaculture industry is significant and growing, with many groups
participating directly in the industry across Canada. Indigenous groups are seeking wider collaboration on
numerous fronts in the sector, as well as further recognition of the articles of the United Nations Declaration
on the Rights of Indigenous peoples. There are more than 255 First Nations across the country that are
currently involved in various aspects of aquaculture activities. Additionally, over 75% of the salmon farmed in
British Columbia is produced in areas with agreements between Indigenous nations and the Federal and
Provincial governments.

Current framework
Amended in 2019, the Fisheries Act now includes multiple mechanisms that promote reconciliation.
Specifically, the Act allows the Minister to enter into an agreement with any Indigenous governing body and
any body—including a co-management body—established under a land claims agreement for purposes such
as facilitating cooperation and enhanced communication. Further, when making a decision under the Act, the
Minister must “… consider any adverse effects that the decision may have on the rights of the Indigenous
peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982”. The Act also protects
any Indigenous knowledge provided to the Minister by classifying the information as confidential.

Proposed modifications
It is proposed that the Aquaculture Act replicate these newly developed elements of the Fisheries Act. Since
aquaculture occurs in or near the traditional territories of many Indigenous nations in Canada, and multiple
Indigenous peoples participate directly and indirectly in aquaculture, the Aquaculture Act would establish a
clear method to enable participation, while respecting Indigenous rights.

• What other mechanisms could be included under the Aquaculture Act to support Indigenous
participation in the aquaculture industry?
• If the relevant Indigenous-specific provisions under the Fisheries Act were replicated under the
Aquaculture Act, would they adequately facilitate Indigenous involvement in the sector,
whether as producers and/or protectors of wild fish?
• What additional Indigenous-specific elements could be considered under the Aquaculture Act?

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A Canadian Aquaculture Act

Element 4: Cooperation
The Act would be designed in a flexible way to reflect the different relationships that exist between orders of
government across the country. This would facilitate the administrative cooperation between governments,
Indigenous partners, and communities.

Current framework
The Fisheries Act includes various mechanisms that enable cooperation and delegation agreements. The
Minister may form agreements with other governments and Indigenous governing bodies to clarify any overlap
that may exist between their respective jurisdictions. The Act also provides the required authority to delegate
part of the Act’s administration. The Act also allows the Minister to establish advisory bodies to advise the
Minister on any decision that needs to be made under the Act.

Proposed modifications
It is proposed that the Aquaculture Act would clearly outline and enable forms of regulatory cooperation
between governments, including Indigenous governing bodies, by mirroring the current Fisheries Act
construct for agreements and delegation.
The Aquaculture Act would also include authorities similar to those under the Fisheries Act to enable/support
area-based management. The Minister would be able to establish areas that represent a unified ecological or
social unit, as identified through a collaborative process, and allow Indigenous groups and local stakeholders to
provide advice on decisions made in a given area. The intention would be to allow the Minister the opportunity
to discuss the spatial allocation of aquaculture sites with provinces, Indigenous groups and local communities,
and to harmonize aquaculture activities with other users of the aquatic resource in a defined area.

• What mechanisms should the Aquaculture Act include to foster inter-jurisdictional cooperation?
• How could the Aquaculture Act further enable community engagement in aquaculture
management?

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A Canadian Aquaculture Act

Element 5: Environmental Protection


Aquaculture must respect wild fish, fish habitat, and other users in the aquatic space. The Aquaculture Act
would clearly and appropriately prohibit specific harmful activities, and enable the sustainable management
of the aquaculture sector.

Current framework
The Fisheries Act establishes multiple environmental prohibitions, which apply unless the prohibited
activities are authorized under the Act. These prohibitions are:
 the death of fish by means other than fishing;
 the harmful alteration, disruption, or destruction of fish habitat; and
 the deposit of a deleterious substance.
The Fisheries Act also includes a variety of specific prohibitions pertaining to unauthorized fishing, non-
compliance with licence conditions, or obstructing enforcement officers. Additionally, the different fishing
regulations establish more specific prohibitions.

Proposed modifications
It is proposed that the Aquaculture Act maintain and potentially enhance the environmental prohibitions
found under the Fisheries Act, but modify what, and the conditions under which, otherwise-prohibited
activities may be authorized. There are many other issues impacting fish and fish habitat, that can be
addressed under the Act and more precisely outlined in regulations. Whether included in the Act or in
regulations, the regulatory framework governing aquaculture would prohibit (with exceptions):
 the death of fish by means other than fishing;
 the harmful alteration, disruption, or destruction of fish habitat;
 the deposit of biochemical oxygen-demanding matter, pest control products, drugs, or other harmful
chemicals that can harm fish or fish habitat;
 failure to notify, or disclose information related to fish and fish habitat; and
 the intentional or unintentional introduction of exotic species into Canadian fisheries waters for
aquaculture purposes.
Since the Aquaculture Act would have environmental protection provisions that would mirror those under
the Fisheries Act, the proposed Act would exclude application of Fisheries Act provisions, to avoid duplication
where relevant. Issues related to navigation would continue to be addressed by the Canada Shipping Act,
2001 and the Canadian Navigable Waters Act ; similarly, issues related to animal health and disease would
continue to be addressed by the Health of Animals Act. Environmental prohibitions under the proposed Act
would apply across Canada and be additional to any provincial/territorial requirements.

• What potential, aquaculture-specific, environmental impacts to fish and fish habitat should be
addressed by the Act?
• In addition to the existing regulatory oversight and management powers under the Fisheries
Act, what additional powers should DFO have to respond to aquaculture-related impacts?

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A Canadian Aquaculture Act

Element 6: Enforcement and Alternative Compliance Measures


The Aquaculture Act must include a broad and modern range of tools to enforce the Act to help ensure DFO
is able to meet its commitment to sustainably manage aquaculture and protect fish and fish habitat.

Current framework
The Fisheries Act and its regulations include many provisions related to enforcement. In general, the Act
enables specific enforcement powers and outlines the roles of enforcement personnel. The fishery officer is
the principal agent enforcing the law and has powers that include the right to search, seize, detain, and
arrest. The Fisheries Act also outlines the powers of fishery guardians, inspectors, and analysts.
There are a range of tools available to enforce DFO legislation commensurate with the level of harm
involved. One tool is the power to prosecute individuals and corporations guilty of violating the Fisheries Act
or its regulations. The Fisheries Act also allows the issuance of tickets and inspector’s directions, as well as
the use of alternative measures agreements to support effective enforcement, restorative measures, and
promotion of future compliance.
Tickets allow a fishery officer to penalize offences as they occur, with the goal of promoting immediate
compliance. Alternative measures agreements allow a guilty offender to negotiate an alternative to a
monetary or custodial penalty in favour of a restorative action that is more appropriate.

Proposed modifications
The Aquaculture Act would consider making available a full range of enforcement tools to manage
aquaculture activities, such as tickets, an administrative monetary penalty system (AMPS), inspector’s
directions and alternative measures resolutions, as well as the traditional route of judicial prosecution. These
options would allow DFO the discretion to match a consequence to each offence to help ensure appropriate
corrective action and remediation, where warranted.
The Contraventions Regulations generally limit tickets to a maximum value of $500, making them more
appropriate for minor infractions. An AMPS would target more severe violations and allow DFO to, for the
first time, impose much larger monetary penalties. Issuing an administrative monetary penalty for a violation
would not preclude the Minister’s ability to prosecute.
Administrative measures targeting aquaculture could also prove to be a powerful incentive to
discourage/correct unlawful activities. Offenders could be issued a surety bond or refused a licence until a
certain incident is resolved. In all cases, these different measures would only be paired to aquaculture
activities that are regulated under the Aquaculture Act. Provincial/territorial laws outline the penalties
associated under each provincial/territorial regulatory regime.

• What are your views on the enforcement tools proposed for the Aquaculture Act?
• Are there specific powers that enforcement personnel should have under the Aquaculture Act?
• Are there other or different enforcement tools that should be considered and why?

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A Canadian Aquaculture Act

Element 7: Regulations
One of the central purposes of an Act is to enable the making of regulations, which in turn define the
application and enforcement of the legislation.
It is DFO’s intention to consolidate all existing aquaculture provisions—currently spread across a number of
separate regulations under the Fisheries Act—into a single set of aquaculture-specific regulations under the
proposed Aquaculture Act. Further, it is the Department’s intention that all aquaculture-related activities be
managed under the new Act; as a consequence, the Fisheries Act would no longer apply to aquaculture
activities, where feasible, and consequential amendments to the Fisheries Act and its regulations would be
made to reflect this shift.

Current framework
The Fisheries Act allows the creation of regulations which target specific issues related to the general
purpose of the Act. Regulations made under the Fisheries Act can be scoped to a portion of the Act’s
application and purpose, leading to multiple geographically- and activity-specific fishery regulations. The
Fisheries Act also enables the incorporation by reference of documents, and the Aquaculture Activities
Regulations currently incorporates by reference the Aquaculture Monitoring Standard.

Proposed modifications
Many of the current regulatory provisions that impact aquaculture operators were not originally designed
with aquaculture in mind. DFO would take this opportunity to improve the federal regulatory management
of aquaculture through this legislative and regulatory renewal. The Aquaculture Act would provide
authorities to make aquaculture-specific regulations to address, among other topics, environmental
protection, enforcement, leasing and licensing, and reporting.
The regulation-making authorities would be developed in a manner to provide flexibility to address emerging
issues without having to amend the Act for every novel situation. For instance, the proposed Act would
enable the federal government to regulate offshore aquaculture, even though the practice is in its nascency.
If and when offshore aquaculture becomes viable, the Government would be able to develop regulations to
lease and license offshore activities, without having to amend the Act. Further, as the aquaculture industry
develops innovative technologies to address new opportunities and meet federal legislative and regulatory
environmental requirements, the proposed Act would be developed from a technology-neutral, outcomes-
based perspective that would not hinder the sustainable development of the industry.
It is also proposed that the Act allow technical documents to be incorporated by reference in regulations;
this allows these documents to be progressively amended from time-to-time to reflect the latest science and
innovation without the burden of amending the regulations. Examples include standards, guidelines, or
codes of practice. These documents also provide an opportunity to collaborate with other regulators through
co-development.

• What aquaculture issues (within federal jurisdiction) should be addressed by the proposed Act’s
regulation-making provisions?

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A Canadian Aquaculture Act

Element 8: Public Reporting and Legislative Review


The Aquaculture Act would include a modern range of measures to support effective public reporting,
accountability and transparency. These tools would foster public confidence in the sustainable management
of the aquaculture industry.

Current framework
In an effort to promote good governance, the Fisheries Act has a number of public accountability
mechanisms and was recently amended to include a public registry. This registry (not yet in force) would
allow Canadians to view documents that contain important information regarding fisheries management.
DFO publishes environmental data on its website that reports on a host of indicators, including fish escapes,
fish health, and sea lice counts. Further, the recent amendments established a five-year legislative review
process: in the event that certain aspects of the Act are no longer functioning as intended, Parliament would
be able to make amendments on a regular basis.

Proposed modifications
The proposed Aquaculture Act would have similar requirements for public reporting, detailing how the
federal government implements the law. Among the transparency and accountability mechanisms that could
be incorporated into the Aquaculture Act is a public registry that could include agreements and orders made
by the Minister to administer the Act, as well as relevant reports, standards, policies and guidelines. The Act
would enable DFO to require operators to, among other things, monitor and share records of diverse
environmental parameters, notify DFO of mass mortality events occurring on or near aquaculture sites, and
notify DFO of escapes of cultured species.
It is proposed this information be included in the public registry and be used to inform management
decisions taken by the Minister. It is also proposed that the Act include a legislative review process to help
ensure the legislation could be progressively adapted and improved to address emerging issues.

• What aquaculture-related information would you like to be available to all Canadians via a
public registry?
• If an aquaculture-related event occurs that harms fish and fish habitat, how should DFO
communicate this info to Indigenous peoples, stakeholders, and the public?
• What are your views on including in the proposed Act a requirement to undertake a general
review of the Act periodically?

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A Canadian Aquaculture Act

Additional Topics
The aim of this discussion paper is to provide the reader with a clear sense of the federal government’s
legislative intent for the federal management of aquaculture in Canada, as well as foster engagement with
and between Canadians on the topic. There may be additional ideas not captured here that Canadians may
propose in the course of this engagement process; these will be considered as part of the legislative
engagement process. All those interested, affected, or involved in aquaculture are encouraged to
participate in this national conversation.

• Are there any aspects of aquaculture management missing from this discussion document that
you believe should be addressed by federal legislation?

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Annex 1: Crosswalk between Fisheries Act Provisions and Proposed Aquaculture Act
Element Fisheries Act (FA) Aquaculture Act (AA)
1. Application, purpose, and 1 Short Title
definitions
Not in FA May consider inclusion of a Preamble.
2 Interpretation General definitions section.
2.1 Purpose FA purpose includes objectives of managing
fisheries and protecting fish and fish habitat
3 Application General issues of application; otherwise
application clauses would be found under
appropriate sections.
2. Leases, licences, and fees 4 Licences to take spawn Address under AA or leave to FA?
7 Fishery Leases and Licences Develop authorities to issue and cancel licences,
and prescribe fees.
8 Fees
9 Suspending or Cancelling licences
9.1-9.7 Fisheries Management Orders Develop authority for the Minister to issue
management orders to temporarily prohibit an
activity or impose a requirement.
43.4 compliance with terms and conditions Develop equivalent authorities to FA 43.4.

3. Indigenous reconciliation 2 Indigenous governing body Develop equivalent definition.


2.3-2.4 Rights of Indigenous peoples of Develop equivalent section in AA.
Canada
61.2 Indigenous Knowledge of the Develop equivalent section in AA.
Indigenous peoples of Canada

4. Cooperation 4.01 Advisory Panels Develop aquaculture specific advisory panels that
can include any subset of stakeholders
4.1-4.4(3) Agreements, Programs and Develop authorities for making equivalency
Projects agreements with provinces, territories and
Indigenous governing bodies, as well as programs
and projects, (e.g., grants, loans contributions,
guarantees, and insurance).
5. Environmental protection 34.2 Standards and Codes of Practice Develop authority to design standards, codes of
practice, guidelines, or recognizing existing ones.
34.4 Death of Fish Develop equivalent prohibitions to s.34.4, 35, 36 in
AA.
35. Harmful alteration, disruption, or
destruction of fish habitat.
Amend FA 35 and 36, as necessary, to recognize
35.1 Designated projects relevant activities authorized under AA
regulations.
36. Deposit of deleterious substances
Create equivalent of FA s.35.1 in AA.
37 Minister may require plans and Address under AA or leave to FA?
specifications, etc.
Not in FA May want to develop authorities to manage
aspects of animal husbandry (not addressed by the
CFIA) that may impact the environment.
Not in FA May include mechanisms to enable area-based
management of aquaculture.

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Annex 1: Crosswalk between Fisheries Act Provisions and Proposed Aquaculture Act
Element Fisheries Act (FA) Aquaculture Act (AA)
6. Enforcement and Alternative 5 Fishery Officers and Fishery Guardians Develop powers to designate officers and
Compliance Measures guardians for purposes of AA.
38 Power to designate inspectors, etc. Develop power to designate inspectors for
purposes of AA.
56.1 Analyst Develop power to allow specialists to be deemed a
‘technical analyst’ for court proceedings.
39 Search (officer/inspector) Develop aquaculture-specific authorities for
officers, etc.
49-56 Powers of Fishery Officers and Fishery
Guardians
23 Fishing in limits leased to another Develop aquaculture-specific offence, punishment,
ticketing, administrative monetary penalty, and
40-42 Offence and punishment, etc. alternative measures agreements sections. Tiered
approach.
62-63 Obstruction and False Information

70-77 Disposition of Seized Things

78-79.61 Offence and Punishment


(punishment not otherwise provided for)
79.7 Ticketable Offences

80-88 Applications of Penalties and


Forfeitures
86.1-86.95 Alternative Measures
Agreements

7. Regulations 34.1 Factors Develop list of factors that the Minister must
consider before recommending to Governor in
Council (GIC) that regulations be made.
43 Governor in Council may make Develop a section with broad GIC regulation-
regulations making authorities, similar to FA s.43.
43.3 Regulations – Minister Develop a section with Ministerial regulation-
making authorities, similar to FA s.43.3.
89-91 Incorporation by reference Develop section(s) in AA that permit (ambulatory)
incorporation by reference.
8. Public reporting and other 2.5 Considerations for decision making Develop set of considerations specific to
aquaculture sector.
11-16 Cost recovery for using facilities Develop cost recovery mechanism for letting
others use DFO facilities.
42.2 Public registry (currently not in force) Develop requirement for Minister to establish
public registry to facilitate access to records
relating to specific sections of the AA.
57-59 Culture of fish (i.e., oysters) Move from FA to AA.

61.-61.1 Information returns Develop authorities for information returns.

92. 5-year review Develop similar mechanism for a mandatory


regulatory review under AA.

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